except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is the representative director of Guro-gu Seoul Metropolitan Government, the 13th floor of the building C, who is engaged in software development business by employing 50 full-time workers, and the employee's employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for the payment occurred, such as retirement of the employee, and shall also pay retirement allowances.

However, the Defendant, while working in the foregoing workplace from April 15, 2014 to August 29, 2014, had retired workers D’ totaling KRW 4,16,670 in July 2014, including KRW 11,838,781 in total, and KRW 71,838,781 in the amount of wages, annual settlement refund, and KRW 4,438,765 in the same crime list, as indicated in the separate crime list, did not pay the retirement allowances of the retired workers E, including KRW 18,758,827 in total, as indicated in the same crime list, within 14 days from the date of retirement without agreement on extension between the parties concerned. < Amended by Presidential Decree No. 24426, Apr. 22, 2013; Presidential Decree No. 25773, Sep. 26, 2014>

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective laws and regulations of D, F, G, E, H, I, J, K, L, M and N

1. Articles 109(1) and 36 of the Labor Standards Act (the fact that wages are paid to each worker, refund money for year-end settlement, choice of imprisonment), main sentence of Article 44 subparag. 1 of the Guarantee of Retirement Benefits for Workers, and Article 9 of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition under Article 62 (1) of the Criminal Act (the amount of wages and retirement allowances in arrears of the defendant is not small, however, considering that there are circumstances that can be taken into account as to the circumstances such as the defendant's failure to pay at the time from the customer when considering the fact that it appears that there are some causes for the defendant's failure to pay at the time from the customer, etc.).